Neubeck v. Lynch
Court of Appeals for the D.C. Circuit
Hearing oh an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia for the defendant after a demurrer to a plea of the statute of limitations bad been overruled, the plaintiff electing to stand upon the demurrer.
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Hearing oh an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia for the defendant after a demurrer to a plea of the statute of limitations bad been overruled, the plaintiff electing to stand upon the demurrer. The Court in the opinion stated the facts as follows: Tbis is an action for the recovery of damages for the alleged negligent killing of one William Moore on February 13, 1909. the action is brought by Francis L. Neubeck, the administrator of the estate of the deceased, William Moore. the declaration is in two counts, charging, in substance, that…
1Opinion of the CourtJustice Van Orsdel
This is a statutory proceeding. In an action for damages for negligently causing the death of a person, the statute provides that the action shall be brought “in the name of the personal representative of such deceased person, and within one year after the death of the party injured;” that “such damages shall be assessed with reference to the injury resulting from such act, neglect, or default causing such death, to the widow and next of kin of such deceased person;” and that “the damages recovered in such action shall not be appropriated to the payment of the debts or liabilities of such…
2Cases cited17 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Texas & New Orleans Railroad v. MillerSupreme Court of the United States · 1911
- In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
- Love v. Southern Railway Co.Tennessee Supreme Court · 1901
- In re BellahDistrict Court, D. Delaware · 1902
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